Gaming Machine Regulation 2002

This section states the way the commissioner must deal with a submission, made by a person (the claimant) under section 20, about a refusal by a gaming employee to make a payment under schedule 3, item 5 (the original decision).

The commissioner must either review, or refuse to review, the original decision.

The commissioner may refuse to review the original decision only if—

the submission was not made within 10 days after the original decision; or

the commissioner considers the submission was not made in good faith or is frivolous.

If the commissioner decides to refuse to review the original decision, the commissioner must—

give written notice of the commissioner’s decision to—

the licensee (the involved licensee) of the licensed premises where the original decision was made; and

the claimant; and

give the claimant a written notice stating the reasons for the commissioner’s decision.

If the commissioner decides to review the original decision, the commissioner must—

give the involved licensee a copy of the claimant’s submission; and

by written notice given to the involved licensee invite the involved licensee to make a written submission to the commissioner about the original decision within 1 month after receiving the notice (the submission period).

The commissioner may—

cause an investigation to be made about any matter the commissioner considers is relevant to the review; and

ask for a report of the investigation to be given to the commissioner.

As soon as practicable after the end of the submission period, the commissioner must—

consider all written submissions made before the end of the submission period by the involved licensee and claimant; and

consider a report given to the commissioner under subsection (6); and

make a decision about the review; and

give the involved licensee and claimant a written notice stating the decision and the reasons for the decision.

Nothing in section 20 or this section affects or prejudices any other right or remedy of a person affected by a refusal by a gaming employee to make or allow a payment under schedule 3, item 5.